(September 28, 2001) 2001 (TLS)125703

2001-AD (Del)-7-163 :: 2002-AIR (Del)-0-98

PREM SAGAR KHANNA Vs. Ravi Khanna

A. K. SIKRI

( 1 ) THE plaintiff has filed the instant suit for declaration, partition and permanent injunction. Para-19 of the plaint contains the prayer clause which reads as under

"a. a decree for declaration be passed in favour of the plaintiff and against the defendants holding that the oral family arrangement reduced into writing vide family arrangement dated 2/8/1986 is final and binding on the parties in all respects. In the alternative it is prayed that a preliminary decree for partition be passed in favour of the plaintiff and against the defendants 1 to 5 in relation to the property bearing No. 64, Golf Link, new Delhi, A-140, Niti Bagh, New Delhi and 27 acres of agricultural land in village Mohd Amin Khan, Tehsil Najibabad, district Bijnor, UP and declare the share of each of the parties to the said properties. b. Thereafter this Hon ble Court may be pleased to appoint a Local Commissioner to suggest the mode of partition. c. pass a final decree for partition in relation to the above properties and put the plaintiff in possession of the portion w